Defense: Threat charge political

Saturday

Feb 9, 2013 at 12:01 AM

MANTECA - The defense attorney for a man accused of making a terrorist threat against a police officer on Facebook says the District Attorney's Office refuses to drop charges because of political pressure.

Jennie Rodriguez-Moore

MANTECA - The defense attorney for a man accused of making a terrorist threat against a police officer on Facebook says the District Attorney's Office refuses to drop charges because of political pressure.

"They're protecting the police," said Tai Bogan, a private defense attorney who took on the case of Roseville cab driver Dominic Aguilar pro bono.

It's an assertion prosecutors say is untrue.

"The District Attorney's Office does not respond to political pressures," said Deputy District Attorney Ron Indran. "We want to see justice carried out."

Aguilar, who is out on bail, was charged after he posted "50 rounds to your dome Moody" on a Facebook page that memorializes a Lathrop man shot to death by Manteca police officer John Moody during a 2011 stakeout.

The officers involved have been cleared by investigators, and his family has since filed a wrongful death lawsuit.

Aguilar, 37, pleaded not guilty to the charges Friday, clinging to the defense his comments were an expression of protest and are, therefore, protected under the First Amendment. Bogan says Aguilar did not directly say he was going to shoot Moody, and maintains his client had no plans to carry out an attack on the officer.

Aguilar is defending his right to express his anger, Bogan said Friday, while about a dozen people protested outside the Manteca courthouse in his support.

"I'm looking forward to going to trial," Bogan said.

But authorities say the Facebook posting rose to the level of a criminal violation, and they have no intention of dropping the charges.

"The First Amendment does have limitations by law," Indran said, adding that he could not comment on details to avoid jeopardizing the case.

Indran has said in court Aguilar has a criminal history, including a weapons charge in the 1990s. It's a revelation 15 years old, Bogan said, that no longer reflects Aguilar, who now is self-employed and a homeowner.

On Friday, The Record asked readers to weigh-in on the freedom of speech debate as it relates to Aguilar's case.

When do violent comments on social media cross the line from free speech to criminal threats?

From those reactions:

» Rafaela Gutierrez: "People seem to think that just because we have freedom of speech we can say what we want and even make threats we may not be thinking of going through with. People on the receiving end don't know if they are really being threatened or if it's all just talk. How do we know the difference? By making those who are threatening be accountable for their words and actions."

» Carmelita Piccardo: "Comments made on social media are written, but they represent casual speech. People make remarks such as "I'm gonna kill you," or "He should be shot," all the time. It's hyperbole. If you follow Jesus, and you have not yet plucked out an eye or cut off a hand, you probably get this."

But the opinion that will make the real difference is that of the court.

A preliminary hearing will be held April 5, at which point a judge will decide if there is enough evidence to hold Aguilar to the charges.

Superior Court Judge Ronald A. Northup has ordered Aguilar in the meantime searchable for weapons, to remain on bond and to stay away from Moody.